U.S. Congressman Sam Graves


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U.S. Congressman Sam Graves

U.S. Congressman Sam Graves voted to protect the original intent of the 5th Amendment to the Constitution today. The Fifth Amendment states, “nor shall private property be taken for public use, without just compensation.” In Kelo v. City of New London the Supreme Court held in a 5-4 decision that “economic development” can be a “public use.”

“This ruling completely changes the intent of the Fifth Amendment,” said Graves. “The takings clause was meant to protect private land, not to allow governments to take whatever they want.”

Graves co-sponsored H.R. 4128 The Private Property Rights Protection Act which would prohibit federal funds from being used when the power of eminent domain has been abused. In the Kelo decision the Supreme Court allowed private homes to be taken by the city and given to a large corporation. Graves said that cities and states should not use eminent domain laws as a way to increase their tax base.

“We shouldn’t be demolishing people’s homes to attract businesses,” said Graves. “Its private property and individuals have a right to their own land. This decision allows any home or farm to become a factory or shopping mall.”

H.R. 4128 was passed overwhelmingly by the House of Representatives on a 376-38 vote. It now moves to the Senate.